During ancient Rome, a superficiarius referred to an individual who possessed the privilege of owning a structure on either public or private land, but was obligated to pay an annual rent for its use. This entitlement was inheritable and could be transferred to other individuals. It bears resemblance to a long-term lease or rental contract. Related term: Emphyteusis.
In ancient Roman law, a superficiarius was an individual who possessed the privilege of owning a structure on either public or private land, but was obligated to pay an annual rent for it. This entitlement was hereditary and could be transferred or sold to another person. For instance, a superficiarius could be someone who constructed a house on public land and paid an annual rent to the government in exchange for the land usage rights. Another example would be an individual who inherited the right to a building on private land and paid an annual rent to the landowner. These instances demonstrate how a superficiarius had the authority to utilise a building on land they did not own, but were required to compensate for that privilege. It served as a means for individuals to access land and structures without having to outright purchase them.
A superficiarius is a person who holds the right to use and occupy a piece of land owned by someone else, known as the dominus, for a specified period of time.
Unlike a tenant, a superficiarius does not lease the land but rather has the right to use and occupy it for a longer duration, often up to 99 years.
Yes, a superficiarius can sell or transfer their rights to another person, subject to any restrictions or conditions specified in the original agreement.
A superficiarius has the right to use and enjoy the land as if they were the owner, subject to any limitations set forth in the agreement. They are also responsible for maintaining the property and paying any applicable taxes or fees.
Yes, a superficiarius generally has the right to make improvements or alterations to the land, but they may be required to obtain permission from the dominus or comply with certain restrictions outlined in the agreement.
The dominus may terminate the superficiarius agreement if the superficiarius fails to fulfill their obligations or breaches any terms of the agreement. However, the dominus must provide reasonable notice and follow any legal procedures required in the jurisdiction.
In most cases, a superficiarius cannot be evicted from the land as long as they comply with the terms of the agreement. However, if they fail to fulfill their obligations or breach the agreement, the dominus may have grounds to terminate the agreement and regain possession of the land.
In some jurisdictions, a superficiarius may acquire ownership of the land after a specified period of time, known as acquisitive prescription. However, this varies depending on the applicable laws and regulations.
In most cases, a superficiarius can sublease the land to another party, but they may need to obtain permission from the dominus or comply with any restrictions outlined in the agreement.
If the dominus sells the land, the superficiarius rights generally transfer to the new owner. However, the superficiarius agreement may contain provisions that address the rights and obligations of the superficiarius in such situations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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